The Environmental Professionals Institute of Kenya Bill, 2024

Background

The Environmental Professionals Institute of Kenya Bill, 2024, aims to establish a structured legal framework for the professionalization of environmental practitioners in Kenya. Prior to this Bill, there was a need for a unified professional body to regulate, register, and discipline environmental scientists, researchers, and consulting firms.

Key Provisions

• Establishment of the Institute: Section 3 establishes the Environmental Professionals Institute of Kenya as a body corporate with perpetual succession.
• The Governing Council: Section 5 creates the Council of the Institute, consisting of a president, vice-president, seven representatives of the general membership, and the Registrar as an ex-officio member.
• The Registrar: Section 10 establishes the office of the Registrar, who serves as the Chief Executive Officer and secretary to the Council, responsible for maintaining the Register of Environmental Professionals (Section 25).
• Disciplinary Powers: Section 32 grants the Council powers to inquire into allegations of professional misconduct and impose sanctions, including admonishments, suspensions, practicing certificate cancellations, or fines.
• Appeals: Any person aggrieved by a decision of the Council can appeal to the High Court within thirty days of the decision (Section 34).

New Obligations

• Mandatory Registration: Individuals must meet academic and professional criteria (Section 21) to register as environmental professionals.
• Firm Registration: Environmental firms must register under Section 23, requiring at least 50% of shares to be held by Kenyan citizens for local recognition, and partners must hold valid practicing certificates.
• Annual Practice Certificates: Registered professionals must apply for and maintain an annual practicing certificate to engage in environmental practice (Section 28).

Penalties

• False Registration: Registering through false or fraudulent representations carries a fine of up to KSh 500,000, imprisonment for up to five years, or both (Section 30).
• Unlicensed Practice: Practicing without a registration or valid practicing certificate carries a fine of up to KSh 500,000, imprisonment for up to five years, or both (Section 35).
• Witness Non-compliance: Any person summoned as a witness who fails to attend disciplinary hearings is liable to a fine of up to KSh 300,000 or imprisonment up to six months (Section 32(8)).
• Obstruction: Knowingly obstructing or hindering Council officers carries a fine of up to KSh 300,000, imprisonment up to one year, or both (Section 36).

Transitional Provisions

• Practice Continuity: Under Section 52, existing environmental practitioners can continue working without a certificate for up to one year, provided they submit an application for registration within six months.
• Asset and Staff Transfer: All property, assets, and existing staff of the former Institute are transferred to the newly established Institute upon the commencement of the Act.